Submission for the UN Universal Periodic Review (UPR): Human rights concerns in KHRG research areas Submission: March 22, 2015 Contact: Karen Human Rights Group (KHRG) http://www.khrg.org/ [email protected] Executive summary 1 1. In this submission, KHRG provides information concerning human rights issues in Myanmar, following the General Guidelines for the Preparation of Information under the UPR. Organisational information will be addressed first in a brief summary of KHRG and its operations. KHRG’s research and data collection methodology will then be detailed, followed by information regarding activities of the Government of Myanmar (GOM) in areas researched by KHRG, including: On- going development projects, militarisation, torture/violent abuse and killings, forced labour, arbitrary taxation and demands, landmines, drugs and religious discrimination. Throughout, specific recommendations pertaining to each issue type will be provided. Organisational information 2. KHRG is an independent, local organisation committed to improving the human rights situation in Myanmar by projecting the voices of villagers and supporting their strategies to claim human rights. We train locals to document villagers' stories and gather evidence of human rights abuses, disseminate this information worldwide, and work with local villagers to enhance strategies to resist human rights abuses. KHRG has documented abuses since 1992 and is recognised internationally as a leading authority on human rights in eastern Myanmar. Methodology Sources: 3. This submission draws on information from both raw data reports published by KHRG online, as well as thematic reports published both online and in print. The citations provide reference to examples of the particular abuse type or issue area. Further information and additional examples can be found on KHRG’s online database. i Geographic area: 4. Research was conducted in eastern Myanmar in an area locally referred to as ‘Karen State’. KHRG divides this region into seven research areas.ii According to designations used by the GOM, these research areas include all or portions of Kayin and Mon states and significant parts of Bago Region and Tanintharyi Division. Research methods and verification: 5. Research was conducted by both full-time and volunteer researchers. Reports draw on information from photographic and film documentation, as well as qualitative interviews with civilians of ethnic groups including but not limited to Kayin, Kayah, Mon, Shan and Myanmar. A formalised incident reporting system, field notes and trend monitoring are used to gather this information. Credibility of information was assessed according to corroboration across multiple sources; where not possible, information was checked against local trends, first by field researchers aware of local conditions and then by KHRG’s information processing office. Independence: 6. Though KHRG often operates in or through areas controlled by various armed groups, including the GOM Army and Non State Armed Groups (NSAGs) like the Karen National Liberation Army (KNLA) and Democratic Karen Benevolent Army (DKBA),iii KHRG is independent. KHRG has, on occasion, made use of armed KNLA escorts in areas with a 2 likelihood of armed conflict. Selection bias: 7. Given the precarious situation faced by human rights defenders within Myanmar and their continued ill treatment by the GOM, KHRG must take precautions to ensure that people interviewed will not reveal their identity to GOM authorities. The result is that the views of ‘supporters’ of the GOM and ‘opponents’ of the KNLA are less represented in KHRG research. Although this limits conclusions about KNLA practices, it does not detract from the evidence gathered regarding GOM activities. While there is a risk individuals interviewed provided inaccurate information, the large sample size and verification practices ensure inaccuracies are minimized. Human rights violations and issue specific recommendations Infrastructure and commercial development 8. Since 2011, the impact on local communities of infrastructure and commercial development projectsiv has been substantial, causing significant changes to lands used for livelihood activities or the natural environment. Projects include large-scale agriculture plantations, natural resource extraction (NRE) and infrastructure development.v These have had severe consequences for villagers, with similar patterns of abuse taking place across all types of projects. Such projects are typically planned and initiated unilaterally,vi without consultation of villagersvii and without opportunities to negotiate standards for project implementation or compensation.viii As rural inhabitants depend on access to land for agrarian livelihood activities,ix the loss or destruction of land limits a community’s ability to support itself.x Recommendations: The Government of Myanmar must ensure transparent environmental and livelihood impact assessments are conducted in cooperation with local communities, before they undertake large-scale development projects. Projects should not proceed without consent of affected communities, who should be educated on how the project will affect them, including translations of impact assessments into local languages, and any necessary technical assistance. Ongoing militarisation: 9. The GOM Army is maintaining and strengthening their presence in eastern Myanmar.xixii KHRG has documented: new army bases;xiii the strengthening of existing bases;xiv the ongoing rotation of troops;xv resupplying of rations, weapons and ammunition;xvi and skirmishes between armed actors during the preliminary ceasefire period.xvii These actions have caused internal displacement of villagers.xviii Furthermore, any actions strengthening the position of the GOM Army and Border Guard Forces (BGFs) in eastern Myanmar were viewed with extreme suspicion by villagers during the ceasefire period.xix This demonstrates villagers’ insecurity due to military activity and leads villagers to question the sustainability of the ceasefire.xx Recommendations: The Government of Myanmar Army and BGF should demilitarise these areas, particularly positions close to villages, by reducing troop numbers, army bases, checkpoints and weapon stockpiles. The 3 GOM Army should formalise limited operation areas by writing them into a Code of Conductxxi and ensure soldiers abide by these rules. Torture/Violent abuse and killing: 10. Torturexxii and killingsxxiii have been mainly perpetrated by the GOM Armyxxiv and BGF forces.xxv In 2011, KHRG received 13 extrajudicial killing casesxxvi and nine cases of torture/violent abuses.xxvii Although KHRG has not documented systematic military operations targeting civilian settlements or buildings since the January 2012 ceasefire, there have been three documented cases of deliberate attacks on civilians by the GOM Army in that period.xxviii In addition, villagers in five out of seven research areas reported the extrajudicial killings of civilians in the same period,xxix while villagers in three research areas reported incidents where civilians were killed by indiscriminate mortar fire and small arms during clashes between armed groups.xxx Since January 2012, researchers and villagers have reported GOM Army and BGF soldiers intentionally inflicting physical pain on villagers as punishment for supposed collusion with the KNLA.xxxi Recommendations: The Government of Myanmar should immediately ratify the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (UNCAT); prohibit torture and violent abuse; and transparently investigate all cases of extrajudicial killing, impartially prosecuting those responsible. Forced labor: 11. Forced labour was documented in all seven research areas.xxxii Demands for labour were often issued verbally at face-to-face meetings, usually between a GOM Army commander and a village head, who then passed on the order to his or her community.xxxiii In addition, KHRG also collected a total of 46 order letters issued by military and civilian officials of the GOM to village heads in six research areas.xxxiv In some cases, demands were backed by explicit threats of violence or punishment for noncompliance.xxxv Reports of forced labour to KHRG have decreased following the 2012 ceasefire. Recommendations: The Government of Myanmar should allow the International Labour Organisation (ILO) safe and free access to government-controlled, rural areas; provide adequate salaries and supplies for soldiers; and ensure proper training for soldiers to prevent the use of forced labour. Arbitrary taxation and demands: 12. Oral or written demands issued by civilian or military authorities on an ad hoc, irregular and unpredictable basis for the provision of villagers’ money, food or possessions were reported.xxxvi Villagers faced arbitrary taxes and demands by the GOM Army,xxxvii BGFxxxviii and GOM officials.xxxix Taxes were collected from people passing by military bases on foot, by truck, or by motorbike,xl while river checkpoints were used to tax boats.xli Taxes were levied on a wide variety of industries and commodities,xlii including buffalo tradersxliii and the purchase of grain.xliv These demands put pressure on village heads who are asked by armed actors to collect funds or goods from their villages.xlv Recommendations: 4 The Government of Myanmar should direct military authorities to ensure arbitrary taxation ceases immediately, and hold accountable those who continue to commit this abuse. Landmines: